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JAMERSON v. QUINTERO

No. 1 CA-CV 12-0769.

313 P.3d 532 (2013)

Cicly Patricia Youtsey JAMERSON, an adult individual, Plaintiff/Appellant, v. Robert QUINTERO and Jane Doe Quintero; Robert Quintero, an adult individual doing business as American Floor, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

November 7, 2013.

Attorney(s) appearing for the Case

Zachar Law Firm, PC, By Christopher J. Zachar, Phoenix, Knapp & Roberts, PC, By David L. Abney, Scottsdale, for Plaintiff/Appellant.

O'Connor & Campbell, PC, By Daniel J. O'Connor, Shane P. Dyet, J. Edward Doman, Jr., Phoenix, for Defendants/Appellees.

Fennemore Craig, PC, By Scott L. Altes, Theresa Dwyer-Federhar, Phoenix, for Amicus Curiae Banner Health.

OPINION

JOHNSEN, Judge.

¶ 1 Cicly Patricia Youtsey Jamerson appeals the superior court's dismissal of her negligence claim against Robert Quintero and American Floor. We hold that by statute, when a principal is jointly and severally liable for the fault of its agent, a stipulated dismissal with prejudice of the principal does not as a matter of law bar a claim against the agent. Accordingly, we vacate the judgment against Jamerson and remand.

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